59A-5.003. Licensure Procedure  

Effective on Wednesday, April 17, 2019
  • 1(1) In addition to the licensure requirements contained in 10chapters 395, part I and 408, part II, 18F.S., all centers shall comply with the following:

    26(2) All persons requesting licensure for the operation of a center under the provisions of chapter 395, F.S., shall make application to the Agency on 51Health Care Licensing Application, Ambulatory Surgical Centers, 58AHCA Form 3130-2001 September 2018, is incorporated by reference, and 68available at: 70http://www.flrules.org/G71a72teway/reference.asp?No=Ref-1029674. Applicants for renewal and changes during licensure may submit the Health Care Licensing Online Application, Ambulatory Surgical Center, AHCA Form 3130-2001OL, September 2018, incorporated by reference and available at 104https://www.flrules.org/Gateway/reference.asp?No=Ref-10297106. The application forms are available online at http://www.ahca.myflorida.com/HQAlicensureforms or, for online submissions, at: http://apps.ahca.myflorida.com/SingleSignOnPortal. The center must obtain a standard license prior to the acceptance of patients for care or treatment.

    138(3) Each center applying for a license shall be designated by a distinctive name, and the name shall not be changed without first notifying the Agency and receiving approval in writing. Duplication of an existing center’s name is prohibited.

    177(4) 178In addition to the requirements found in chapter 408, part II, F.S., the 191following documents shall accompany the initial application:

    198(a) 199Proof of fictitious name registration if applicable;

    206(b) Articles of Incorporation 210or similarly titled document registered by the applicant with the Florida Department of State; 224and,

    225(c) The center’s Zoning Certificate or proof of compliance with zoning requirements.

    237(5) The following documents shall be available for inspection at the center by the Agency area office at the initial licensure inspection:

    259(a) The governing board bylaws, rules and regulations, or other written organizational plan;

    272(b) Medical staff bylaws, rules and regulations;

    279(c) Roster of medical staff members;

    285(d) Nursing procedure manual;

    289(e) Roster of registered nurses and licensed practical nurses with current license numbers;

    302(f) The center’s fire plan; and,

    308(g) The Comprehensive Emergency Management Plan pursuant to rule 31759A-5.018, 318F.A.C.

    319(6) 320In addition to the requirements found in chapter 408, part II, F.S., all applications for a change of ownership 339shall include;

    341(a) A signed agreement with the Agency to correct physical plant deficiencies listed in the most recent licensure inspection that conforms to 363Florida Building Code;

    366(b) A copy of the closing documents, which must include an effective date and the signatures of both the buyer and the seller;

    389(c) Articles of Incorporation 393or similarly titled document registered by the applicant with the Florida Department of State;

    407(d) 408Proof of fictitious name registration if applicable;

    415(e) Evidence of payment of, or arrangement to pay, any liability to the state pursuant to section 432395.003(3), F.S.

    434(7) A license fee as prescribed on the application shall accompany an application for an initial, renewal, change during the licensure period, or change of ownership license.

    461(8) All permanent additions to the constructed center’s operating room capacity occurring after the issuance of the initial license shall require a new application for licensure.

    487(9) Each license shall specifically state the number of operating rooms, 498procedure rooms, 500and recovery beds in the center.

    506(10) There shall not be multiple 512ambulatory surgical center 515licenses for 517the same premises520.

    521(11) Each center licensed under chapter 395, F.S., shall establish an internal risk management program pursuant to chapter 59A-10, F.A.C., as a part of its administrative function.

    548(12) Upon receipt of the 553required information in subsections (1) through (4) above, 561the Agency shall conduct 565a licensure inspection 568to determine compliance with chapter 395, part I, F.S. and rules 57959A-5.002 580through 58159A-5.022, 582F.A.C.

    583(13) When a center is in compliance with chapters 395, part I and 408, part II, F.S. and rules 60259A-5.002 603through 60459A-5.022, 605F.A.C., and has received all approvals required by law, the Agency shall issue, a single license which identifies the licensee and the name and location of the center.

    633(14) Separate licenses shall not be required for separate buildings on the same grounds when used by the same center.

    653(15) A license issued to a center shall be revoked or denied by the Agency in any case where the Agency finds there has been substantial failure to comply with provisions of chapter 395, part I, F.S. or chapter 59A-5, F.A.C.

    694(16) A licensee shall notify the Agency of impending closure of a center not less than 30 days prior to such closure. The center shall be responsible for advising the Agency as to the disposition of medical records.

    732Rulemaking Authority 734395.1055, 735408.819 FS. 737Law Implemented 739395.003, 740395.004, 741395.0161, 742395.1055, 743408.806, 744408.809, 745408.811 FS. 747History–New 6-14-78, Formerly 10D-30.03, Amended 2-3-88, Formerly 10D-30.003, Amended 11-13-95, 9-17-14, 4-17-19.